High Court · 2025

2 Sri. Praveen Bhongiri, S/o Srinivas' 49" 19-Y:31: Occ The District [\Ianaqer, Tetangana Siri; e-ilir S;rrlies Corporation Limited' Siddipet Distric-t, SiddiPet ...RespondenUDe-facto Gomplainant Petition under Section 528 of BNSS prqV19. that in the circumstances stated in the Memorandu, Ii O-r-ornJr of Criminat'peiition, the High Court may be d pieased to quash the to quash the F.l R. No. 123 of Siddipet Dis trict, as against the petitione rs/ Accused No, t.A NO: 10F2 025 i?i? ,3"1r',"3"#'JlT igt#k}idf ;;ti4qtt*,,f ,,f,,i:-i;4t,t,1":;,,,,,,,"1".p This petrtron Grounds Additionar pubrrc prosecu,.'l "r ar,.rrl'r::,:i a,. hearing upon p€ venumadhav. Advocate 1.1tiln "no ,0"; ;;;;#rustng '"t"'o'i"-f" ,,nT !; the Respondent No 2 - - 'Jr on beharr or *"r*..*, The Court made the following: ORDER th1 ther Memorandum of the argtrr,.ents of sri K ^]il":ffii, lrJrI;::lffi:; i l I / THE HONOURABLE SRI JUSTICE N'TUKARAMJI CRIMI NAL PETITI ONNo.8206 0F 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita' 2023 (for short 'BNSS' 2023') seeking quashment of the proceedings against the petitioners in Crime No 123 of 2O25of Gowraram Police Station' Siddipet District' 2. The petitioners are arrayed as accused Nos'1' 3 to 5' 7 to 9 and 11 in Crime No' 123 of Zl25'registered for the offences punishable under Sections 420, 406' 409 of the lndian Penal Code' 1860 (for short 'l.P.C.') and Section 7 of Essential Commodities Act'1955 (for short' 'EC Act').

3. Heard Mr K. Venumadhav, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla' learned Additional Public Prosecutor, representing respondent No'1-State

4. The prosecution case in brief is that the petitioners being partners of M/s.Sri Sai Baba Binny Modern Rice Mill, Nacharam Village' wargal Mandal, Siddipet District, engaged in the business of milling of paddy' The Telangana State Civil Supplies Corporation Limited (for sho! 'TGSCSCL') entered into agreement with the petitioners' firm for procuring and milling of paddy and to deliver back the custom milling \l - 2 N?_R,/ (rl.P.No. E206 oJ 2025 nce. lt is alleged that the TGSCSCL Department had conducted rnspection in the rice mill and found7,043.70 quintats cf paddy missing. Thus' a police report was lodged against the petitioners and the other accused for misappropriation of stocks and violation of the agreement and for recovery of the amounts

5. Learned counsel for the petitioners would submit that accused No.6 being lessee running the rice mill and the petitioners are neither partners nor any way concerned with either the milling or paddy. Therefore, alleging mrsappropriation and initiate proser;ution without any conclusive findings , on relevant aspects alleging criminality is untenable. Howsoever, petitioners are ready to cooperate with the investigation and are intending to see the process through. He further pointed out that a coordinate Bench of this court vide criminar petition Nos.1574, 1SZ5 of 2O2S, ggi and 12037 of 2024 hetd that Section 409 l.P.C. would not attract in the circumstances of the case and directed the investigating agency for issuance of notice under Section 41_A of the code of criminar procedure and to forow the guiderines enunciated in Arnesh Kumar y. Sfate of Biharl . Thus, pleaded for granting similar relief to meet their hardship. t (zot4) I scc 273 ,/ 3 NTRJ Crl.P Na 8206 ol2025

6. Learned Additional Public Prosecutor would submit that as per the allegations the petitioners are partners of the rice mill and the frndings during investigation have made out " 1*l ":::" : That apart' a Coordinate Bench of this Court tn 3 oI 2024'3305 of 2024 3306 of 2024'having considered dismissed the criminal petitions' The petitioners herein are also facing self same accusations' therefore' pending investigation proceedings' this petition has to be dismissed' misappropriation the submissions Crt.P.Nos'393 ; I I have perused the materials on record'

8. The pleading tnat ine petitioners are landlords of the rice mill or partners of the rice mill is to be examined in the investigation and it would be to find out the alleged misappropriation against the petitioners' Further' having regard to the nature of the offences' depth of allegations against the petitioners and'except the alleged offence under Section 409 of I'P C'' rest of the accusations are punishable with an imprisonment upto seven years and the readiness of the petitioners to cooperate with the investigation' without entering into merits and keeping all prerogatives of the lnvestigation open and to maintain parity, the petitioners are directed to appear before the Station House officer(SHo),GowraramPoliceStation,siddipetDistrict,withinaweek from the date of receipt of a copy of this order' Upon such appearance' 4 ATlR,/ <'l/. P.N,o. 8206 of 2025 to the petitioners/accused the lnvestigating Agency shall issue notice under Section 41_A Cr.p.C., Nos. 1, 3 to 5, 7 to g and 1.1 in connection with Crime No.123 of 2O2i and to adhere the guidelines of Arnesh Kumar v. Sfate of Biha/ before proceeding against the petitioners/accused Nos. .1, 3 to 5, 7 to 9 and I 1. ln unison, the petitioners/accused Nos. 1, 3 to 5, 7 to g and .l 1 are dire:cted to submit explanation and materials, if any, and shall cooperate with the investigation 9 With this direction, this Criminal petition is disposed of. Pending miscelraneous apprications, if any, shail stand crosed SO/. AHMED ABDULLA KHAN ASSIST,ANT REGISTRAR //TRUE COPY// i 'rt SECTION OFFICER To, 1 I |, The Judicial First Class lMagistrate Court at Gajwel The station House officer, Gowraram Police Station, Siddipet District r*t cc. to the public prosecutor, High court for the state rtf relangana at Hyderabad (OUT) +. Oie CC to SRI K VENUMADHAV, Advocate [OPUC] 5. Two CD CoPies \4- , (2014) 8 scc 273 HIGH COURT I ORDER CRLP.No.8206 of 2025 tHEs 14 ( o 1r JUL 206 *^ \-'. .i'-' . -,-.. .'trL. C)-\- * DISPOSING OF THE CRLP s ,o{eL k!\# I ! LI